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Supreme Court Dismisses Assessee's Appeal: Profit from Share Sales Held as Trading Income, Not Capital Gain. Purchase and Quick Resale of Shares with Borrowed Funds and Debiting Interest as Revenue Expenditure Indicated a Well-Planned Scheme to Earn Profits under the Income Tax Act, 1922.

The assessee firm, Juggilal Kamlapat, Kanpur, was engaged in promoting companies and financing sister concerns of the J.K. Group. During the assessmen...

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Supreme Court Quashes Criminal Defamation Proceedings Against Editorial Director and Journalists for Lack of Specific Allegations and Non-Compliance with Section 202 CrPC — News Articles on Art Auction Authenticity Not Defamatory as They Did Not Lower Complainant's Reputation in Eyes of Others.

The Supreme Court allowed the appeals and quashed the criminal proceedings for defamation under Sections 499 and 500 IPC against the appellants, who w...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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High Court of Karnataka Hears Revenue's Appeals Against ITAT Decision Favoring Assessee on Deduction of Distributable Surplus Payment to Brand Owner. Court Examines Whether Payment is Allowable Under Section 37 of Income Tax Act, 1961 or Constitutes Application of Income or Diversion by Overriding Title.

The present set of five tax appeals arises under Section 260-A of the Income Tax Act, 1961, filed by the Revenue against the common order of the Incom...

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Karnataka High Court Hears Appeal Against Dismissal of Suit Alleging Deceptive Similarity in Beer Trade Marks. Plaintiff Claims 'Hercules Black Label' Infringes 'Kalyani Black Label'.

The High Court of Karnataka at Bangalore heard an appeal filed by United Breweries Ltd (plaintiff) against the judgment and decree of the XXV Addition...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim and Upholds Insurance Company's Liability. Claimants awarded increased compensation with 6% interest; insurer's appeal against liability dismissed.

The judgment pertains to two cross-appeals arising from the same accident claim. The claimants, Laxmibai and her children, filed MFA 12587/2007 seekin...

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Bombay High Court Examines Constitutional Validity of Show Cause Notices Issued Under Repealed Drugs (Prices Control) Order, 1979. Petition Challenges Recovery of Alleged DPEA Liabilities Arising Under Paragraph 7(2) of DPCO 1979 Post-Repeal, Alleging Violation of Articles 14, 265, and 300A.

The writ petition was filed by Indian Drugs Manufacturers Association and Organization of Pharmaceutical Producers of India, acting on behalf of their...

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Supreme Court Upholds State Sales Tax on Pan Masala and Gutkha in Multiple Appeals. State Legislatures Empowered to Levy Sales Tax on These Goods Despite Central Excise Levies, as They Are Not Declared Goods Under Section 14(ix) of Central Sales Tax Act, 1956.

The Supreme Court disposed of a batch of appeals arising from judgments of three High Courts concerning the taxability of pan masala and gutkha under ...

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Supreme Court Dismisses Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute — Seat of Arbitration Determined as Hong Kong Based on Clause 17.2 of MoU.

The petitioner, Mankastu Impex Private Limited, an Indian company, and the respondent, Airvisual Limited, a Hong Kong company, entered into a Memorand...